“It’s frustrating for judges when a person who needs to be locked up and away from the drugs in order to get cleaned up, can’t be sent to jail because there’s no room,” said Franklin Municipal Court Judge Rupert E. Ruppert. “A lot of the time, we can get a male in the jail, but rarely can we get a female in.”
For example, a woman who violated her probation because of testing positive for both heroin and cocaine recently appeared in Ruppert’s courtroom, but the judge had to let her walk free because no female beds were available. Ruppert said he also could not send two women to jail this past Friday for the same reason.
“There is a waiting list (in the court) to serve jail sentences,” Ruppert said, noting there are about 25 to 30 people who need to be in jail right now to get away from the drugs on the street. “A woman was scheduled to serve her jail term three times and each time she was turned back.”
He estimated that in the eight court sessions over the past month, the jail might have had room for a female offender once. Ruppert said about half the drug cases in his court are female offenders, and of the more than 25 people who could not be sent to jail due to a lack of beds, about 20 were women.
Mason Municipal Judge D. Andrew Batsche said he thinks the jail is doing an excellent job with the resources and space it has.
“However, the amount of space they are afforded seems to be an issue,” Batsche said. “The lack of beds, especially for female inmates, is clearly an ongoing problem. Having jail space available is a critical element of the justice system. Unfortunately, after taking into consideration an offender’s offense, criminal history and current circumstances, sometimes jail is necessary to punish or even help them.”
Batsche added: “Obviously, if we can work to help get some of these offenders off of drugs, then the entire community benefits as a whole. If there is a lack of space, then the treatment and education needed is either unavailable or delayed. My understanding is that Warren County is looking into expanding the jail, but the need is immediate and is becoming a serious problem.”
Judge Gary Loxley, of the Warren County Court, which covers the townships that are not in a municipal court jurisdiction, said he has not deemed it necessary to approach the Warren County Commission yet, but would reassess that if jail overcrowding becomes more of an issue.
“At County Court, we (he and Judge Robert Fischer) receive a daily bed count from the Warren County Jail so the court knows how many male and female beds are available,” Loxley said. “That gives us a gauge on whether the court can sentence someone directly to jail that day, or whether serving the jail sentence can be scheduled.
“Obviously, with fewer female beds available at the jail, it is more of an issue with females than males,” he said. “Other than that, I’ve been able to manage. Jail overcrowding (and prison overcrowding) is an issue nationwide, and so court systems and law enforcement agencies are managing it as best they can.”
Warren County Sheriff Larry Sims said he is just as frustrated as the judges.
“No question it’s frustrating for them,” Sims said. “It’s frustrating for everyone.”
The cost to jail a Warren County inmate is $69 a day. In July, the state Bureau of Adult Detention inspected the Warren County Jail and gave it a score of 100 percent for its facilities and policies.
Sims said this has been a problem for the past few years that the jail has been at or near capacity for about one-third of the year. He also said the female jail population has doubled and the heroin epidemic is the largest single reason.
In addition, there are times when the jail uses an emergency release policy to let a lower-level non-violent offender out to make room for a violent or felony offender.
“If it hadn’t been for the release mechanism, there could be as many as 325 to 350 inmates in the jail at any given time,” Sims said. “The county is doing all they can do.”
Sims said the county has increased the number of people on home arrest from about 400 in 2008 to more than 1,000 in 2015. However, the court orders people to be placed on monitoring systems, not the sheriff’s office.
“We’ve done all we can do to be fiscally responsible and maintain a safe jail within standards,” he said. “Now we’re at the point where we have to do something else.”
Sims said the county commissioners have already acknowledged the need and are in agreement for a jail expansion. He said the commissioners approved moving forward with writing a request for proposals (RFP) and work with the county facilities manager to coordinate. Sims said the RFP will be released very soon and hopes to get a report back later this year.
County Commission President David Young confirmed that a study is in the works adding that the jail has been a major issues since before he was elected. He said jail subcommittee was formed and many of its suggestions have been implemented, such as double-bunking and community corrections such as GPS monitors, to keep felons and violent offenders incarcerated and low-level offenders out so they can continue to work. Young credited Sims for implementing many of the suggestions made.
“This problem is not unique to Warren County as it is affecting a lot of communities,” he said. “This is one problem that can be solved with money. We have to look at the risk and reward and determine what’s the real benefit.”
Young said if there is to be a jail expansion, it will be done the “Warren County way and not take on any debt.” He said the issue is on the commissioners’ radar and that the county is setting aside funds for a possible expansion in the future.
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